[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87928-87930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27943]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket Number USCG-2023-0927]
RIN 1625-AA00


Coast Guard Sector Buffalo; Sector Name Conforming Amendment

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive changes to Coast Guard 
regulations in association with a change in the Coast Guard's internal 
organization. The purpose of this rule is to reflect that U.S. Coast 
Guard Sector Buffalo has been renamed U.S. Coast Guard Sector Eastern 
Great Lakes. These changes will have no substantive effect on the 
regulated public.

DATES: This rule is effective December 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0927 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Bo Ames, Ninth Coast Guard District 
Legal Office, U.S. Coast Guard; telephone 216-902-6010, email 
<a href="/cdn-cgi/l/email-protection#bdffd293f793fcd0d8cefdc8cededa93d0d4d1"><span class="__cf_email__" data-cfemail="c587aaeb8feb84a8a0b685b0b6a6a2eba8aca9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and rescue
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    For the last several years, the Coast Guard has sought to better 
align the names of its assets to correspond to the area of 
responsibility which they serve. Review of the missions and engagements 
within the eastern Great Lakes region highlighted that ``Sector 
Buffalo'' alone did not adequately capture the breadth and range of 
Coast Guard operations and relationships throughout the Eastern Great 
Lakes. The Coast Guard has approved the name change to U.S. Coast Guard 
Sector Eastern Great Lakes in order to acknowledge the long-standing 
commitment to all communities throughout the Eastern Great Lakes and to 
reaffirm the multi-mission support that the Coast Guard provides to 
ensure safety at sea and enhanced maritime governance.
    The geographic boundaries of Sector Eastern Great Lakes are not 
changing, and its office is not moving from Buffalo, New York.
    We did not publish a notice of proposed rulemaking (NPRM) before 
this final rule. The Coast Guard finds that this rule is exempt from 
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A) 
because the changes it makes are conforming amendments involving agency 
organization. The Coast Guard also finds good cause exists under 5 
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will 
have no substantive effect on the public, and notice and comment are 
therefore unnecessary.

[[Page 87929]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C. 
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations 
necessary to implement technical, organizational, and conforming 
amendments and corrections to rules, regulations, and notices.
    Operating Facility Change Order (OFCO) No. 036/23, issued November 
6, 2023, changed the official unit name of U.S. Coast Guard Sector 
Buffalo to U.S. Coast Guard Sector Eastern Great Lakes. See OFCO No. 
036/23, which is available in the docket for this rule. The previous 
name of Sector Buffalo is described and reflected in regulations, which 
also contain contact details and other references to Sector Buffalo. 
These conforming amendments update those regulations so that they 
contain current information.
    Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has 
the authority to establish and prescribe the purpose of Coast Guard 
Shore establishments. This authority has been delegated to the Chief of 
the Coast Guard's Office of Regulations and Administrative Law under 33 
CFR 1.05-1(h).

IV. Discussion of the Rule

    OFCO No. 036/23, issued November 6, 2023, changed the official unit 
name of U.S. Coast Guard Sector Buffalo to U.S. Coast Guard Sector 
Eastern Great Lakes. The November 2023 OFCO did not change the area of 
responsibility (AOR). The AOR of U.S. Coast Guard Sector Eastern Great 
Lakes is identical to that of what was U.S. Coast Guard Sector Buffalo. 
All authorities and responsibilities previously assigned to Commander, 
U.S. Coast Guard Sector Buffalo have been assigned to Commander, U.S. 
Coast Guard Sector Eastern Great Lakes. Additionally, all authorities 
that were vested in the Commander, U.S. Coast Guard Sector Buffalo as 
it pertains to the COTP, the OCMI, the Federal On Scene Coordinator, 
the Federal Maritime Security Coordinator, and the Search and Rescue 
Coordinator, have been assigned to Commander, U.S. Coast Guard Sector 
Eastern Great Lakes. This rule does not change any sector, OCMI, or 
COTP zone boundary lines, nor does it have any substantive impact on 
existing regulated navigation area, safety zone, or security zone 
regulation, or any naval vessel protection zones.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB), and pursuant to OMB guidance is exempt from the requirements of 
Executive Order 13771.
    This regulatory action determination is based on the finding that 
the name change will have no substantive effect on the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    For the reasons stated in section V.A. above, this rule will not 
have a significant economic impact on any member of the public, 
including ``small entities.''
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule consists only of 
an organizational amendment. It is categorically excluded from further 
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1, Implementation of the National 
Environmental Policy Act.

[[Page 87930]]

List of Subjects

33 CFR Part 3

    Organizations and functions (Government agencies).

33 CFR Parts 100 and 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 3, 100, and 165 as follows:

PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION 
ZONES, AND CAPTAIN OF THE PORT ZONES

0
1. The authority citation for part 3 continues to read as follows:

    Authority:  14 U.S.C. 501, 504; Public Law 107-296, 116 Stat. 
2135; Department of Homeland Security Delegation No. 00170.1, 
Revision No. 01.3.

0
2. Revise Sec.  3.45-10 to read as follows:


Sec.  3.45-10  Sector Eastern Great Lakes Marine Inspection Zone and 
Captain of the Port Zone.

    Sector Eastern Great Lakes' office is located in Buffalo, New York. 
The boundaries of Sector Eastern Great Lakes' Marine Inspection Zone 
and Captain of the Port Zone include all navigable waters of the United 
States and contiguous land areas within the boundaries of an area 
starting from a point on the international boundary in Lake Erie at 
latitude 42[deg]19'24'' N, longitude 80[deg]31'10'' W, proceeding 
southwest along the international boundary to a point at latitude 
41[deg]40'36'' N, longitude 82[deg]25'00'' W; thence south to latitude 
41[deg]00'00'' N; thence east to longitude 78[deg]54'58'' W; thence 
north to latitude 42[deg]00'00'' N; thence east to the east bank of the 
Delaware River at latitude 42[deg]00'00'' N, longitude 75[deg]21'28'' 
W; thence east to longitude 74[deg]39'00'' W; thence north to the 
international boundary at a point at latitude 44[deg]59'58'' N, 
longitude 74[deg]39'00'' W; thence southeast along the international 
boundary to the starting point.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
3. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


Sec.  100.901  [Amended]

0
4. In Sec.  100.901, remove ``Sector Buffalo, NY'' from table 1 and 
add, in its place, ``Sector Eastern Great Lakes, NY''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


Sec.  165.911  [Amended]

0
6. In Sec.  165.911, remove the word ``Buffalo'' and add, in its place, 
the words ``Eastern Great Lakes''.


Sec.  165.939  [Amended]

0
7. In Sec.  165.939, remove the words ``Port Buffalo'' and add, in its 
place, the words ``Port Eastern Great Lakes''.

    Dated: December 15, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-27943 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-04-P


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